THE EXCEPTIONS OF John Lilburne Gent.  
PRISONER at the BAR, TO A Bill of Indictment Preferred against him, grounded upon a pretended Act, entitled, An Act for the Execution of a Judgement given in Parliament against Lieutenant Colonel John Lilburn: WHICH Judgement is by the said Act supposed to be given the 15 day of January, 1651.  
London, Printed for Richard Moon, at the Seven-stars in Paul's Churchyard, near the great North-door, 1653.   

The Exceptions of John Lilburne Gent. Prisoner at the Bar to a Bill of Indictment preferred against him, grounded upon a pretended Act, entitled, An Act for the Execution of a Judgement given in Parliament against Lieutenant Colonel John Lilburn, which Judgement is by the said Act supposed to be given the 15 day of Jan. 1651.  
THe said John Lilburne Prisoner at the Bar saith, That the said Indictment is insufficient in the Law; and he humbly offereth these Exceptions following against the same:  

Except. 1.  
The said Indictment is grounded only upon an Act, ineituled, An Act for the execution of a judgement given in Parliament against Lieutenant Colonel John Lilburn; And it doth not appear, either by the Title of the said Act recited in the Indictment, or by any thing contained in the said Act, that either the said Act itself, is an Act of the Parliament of the Commonwealth of England, or of the Parliament sitting at Westminster; or that the said supposed Judgement, for the execution whereof, the said Act is supposed to provide, was given in the Parliament of the Commonwealth of England or in the Parliament sitting at Westminster. Nor yet when the said Parliament did commence or end; or whether the same was held by prorogation or otherwise. And it is evident in Law, that no Law could at that time be made, but by the Parliament of the Commonwealth of England; for by the Law then in being, the power of making Laws was only in those persons which were known and distinguished by that Title of The Parliament of the Commonwealth of England; and in that name only Addresses were made to them, both by the People of England, and by all Foreign States and Princes, and all Addresses refused that wanted that Title. Now for aught that appears in the said Act, whereupon the said Indictment is grounded, it may be as well an Act of a Parliament in France, or Scotland, or Naples, as an Act of the Parliament of the Commonwealth of England; so that it doth not appear, that the said Indictment is grounded upon any Law of England; or that John Lilburne Prisoner at the Bar, is Indicted for any fact that is a Crime by any Law of England, and then the same is void in Law.   

Except. 2.  
The said Indictment is grounded upon a pretended Act, entitled, An Act for the Execution of a Judgement given in Parliament against Lieutenant Colonel John Lilburne; and so relates only to some Judgement supposed to be given in Parliament against the said Lieutenant Colonel John Lilburn; and if no such Judgement were given, the Act were void, and the Judgement also. Now it doth not appear, that any Judgement for any Crime whatsoever, was given in Parliament against the said Lieut. Col. John Lilburn. 1. Before any Judgement can be given in Law against any English man for any Crime, there must be either an Indictment, Presentment, or some Information or Accusation against him; to that Court that judgeth him, for some crime supposed to be committed by him. 2. The party accused must either appear before that Court or be outlawed for not appearing. 3. If the party appears he must either confess the crimes or misdemeanours, whereof he is accused or else plead to the Indictment, presentment or information, or accusation against him, and come to trial thereupon. And as some of these aught in Law to precede a judgement against any English man, so also some of these  proceed in order to a lawful jugment aught to be entered upon such Record, wherein any such judgement is entered, & unless it doth appear upon the Record wherein any judgement is entered against any Englishman for any crime, that some such proceed as abovesaid have been made be fore the judgement passed against him, the judgement is to beholden for erroneous and void, and aught so to be reputed: now it doth not appear either by the said pretended Act as it is recited in the Indictment, nor by any Record of the supposed judgement produced, nor any otherwise: that there was any Indictment, presentment, or information to the Parliament of the Commonwealth of England against the said Lieut. Col. John Lilborn, or if there were it doth not appear that he ever appeared to the same, nor that he was ever outlawed for not appearing, neither doth any pleading by the said Lieut. Col. John Lilburn to any such Indictment or information appear, not any trial of him for the same; and therefore if any such pretended judgement be entered, as the said supposed Act, and the Indictment of John Lilburn prisoner at the Bar thereupon doth relate unto, the same is erroneous and void in Law; and by consequence the said Indictment is void.   

Except. 3.  
The said Indictment is erroneous and insufficient in Law for that it is only grounded upon, and recites an Act, which Act is declared to be made for the execution of a judgement, passed in Parliament against Lieutenant Colonel John Lilburne the Fifteenth day of january 1651. when in truth there was no such judgement either in matter or form passed in Parliament on the said 15th day of january 1651, as is enacted by the said supposed Act to be executed against the said Lieutenant Colonel John Lilburn, and as is also recited in the said Indictment to be enacted by the said act, to be put in execution against him. First, there was no judgement, passed in Parliament upon the said Fifteenth day of January 1651. That the said Lieut. Col. John Liburn should departed out of England within 20 days, after the said 15th day of January 1651. as is mentioned in the said Indictment. Secondly there was no judgement passed in Parliament the said Fifteenth day of January 1651. that the said Lieut. Col. John Lilburn should departed out of England, Scotland and Ireland or the Islands, Territories, or Dominions thereof, within any limited time whatsoever, or under any penalty whatsoever, as is mentioned in the said Indictment. 3: There never was any Judgement, passed in Parliament the said 15 day of Jan. 1651. That the said L. C. John Lilburne should be executed as a Felon without benefit of Clergy, in case the said Lieutenant Colonel John Lilburne should be found, or be remaining in England, Scotland, or Ireland, after the Expiration of Twenty days, or any other time whatsoever to be accounted from the said Fifteenth day of January, 1651. and if no such Judgement doth appear to have been passed against the said Lieutenant Colonel John Lilburne as is aforesaid, and as is recited by the said Indictment to be Enacted to be put in Execution against him, than the original ground of the said Indictment is nul and void: Which is a Judgement supposed to be passed in Parliament against the said Lieutenant Colonel John Lilburn in matter and form as aforesaid, upon the 15 day of January 1651. which is enacted by the said Act recited in the said Indictment to be put in execution; whereas no such Judgement ever passed; and therefore cannot be supposed or admitted by the Law to be enacted to be put in execution. And upon this ground the Prisoner at the Bar conceives the said Judgement to be insufficient in the Law.   

Except. 4.  
The said John Lilburn further excepts against the said Indictment as insufficient in the Law, in regard of the uncertainty of the same; the Law requiring all allegations against any man to be certain; for that the said Indictment doth recite and ground itself upon an Act made for the execution of a judgement passed in Parliament against Lieutenant Colonel John Lilburn. And then chargeth John Lilburn late of London Gentleman, to have been found in England; that is to say in London, contrary to the said Act; but averreth not that the said John Lilburn now prisoner at the bar, Indicted by the name of John Lilburn late of London Gentleman is one and the same person with the said Lieutenant Colonel John Lilburn meant and intended by the said Act, by reason whereof, and for that there are several persons known and distinguished by the name of john Lilburn of London Gentleman; and for that the said john Lilburn Prisoner at the Bar doth not acknowledge that he now is, or at the making of the said Act, or passing the said supposed judgement, was a Lieutenant Colonel, or that he could be notified and distinguished by that Title. He the said john Lilburn Prisoner at the Bar cannot join any certain issue with the Keepers of the Liberties of England upon the said Indictment: for the said Indictment not averring the said john Lilburn now Prisoner at the Bar to be the same person, and not other or divers from that john Lilburn intended and meant in the said Act, and distinguished from all others of the same name, by the Title of a Lieutenant Colonel, if the Prisoner at the Bar should plead the general issue of not guilty, he should confess himself to be the same john Lilburn intended by the said Act; else he is not concerned to plead to the said Indictment; and by consequence, if the Prisoner at the Bar should plead not guilty to the said Indictment, the only issue to be tried in point of Fact between the Keepers of the Liberties of England and the Prisoner, would be whether john Lilburn prisoner at the bar was found in England upon the 15 day of june 1653. and by consequence the Prisoner at the Bar, though he be not the person intended by the said Act, might be ensnared and condemned as a Felon, only because his name is john Lirburn; and if any other john Lilburn should in like manner plead to the said Indictment, he should suffer because he is called john Lilburn.  
For all which errors and insufficiencies in the Law in the said Indictment, Act, and supposed judgement the said John Lilburn prisoner at the Bar, humbly prayeth, that the said Indictment may be quashed, and in case the honourable Court be not fully satisfied in the said errors and insufficiencies of the said Indictment: He prayeth that Council learned in the Laws may be assigned him, and a competent time given for him to advise with them, and for them to prepare their arguments upon all the said matters of Law; and that the case being of very great difficulty, and much concernment to the liberty of all the people of England, and being a case without any precedent, and the shedding or sparing of innocent blood, depending upon a resolution thereof: He humbly prayeth, that the said difficult points of Law, arising upon the case may be argued before the reverend Judges of the Law, as hath been accustomed in such cases that their opinions may be had thereupon.  
John Lilburne. Presented the 16 of July, 1653.   
FINIS.